Marginal note:Yukon Act

• 133. (1) On the later of the day on which this Act is assented to and the day on which section 283 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002 (the “other Act”), comes into force, the portion of the definition “authorization” after paragraph (b) in subsection 2(1) of this Act is replaced by the following:

  but does not include an access order issued by a body established by territorial law and having jurisdiction with respect to surface rights, or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued by that body.

• (2) On the later of the day on which this Act is assented to and the day on which section 283 of the other Act comes into force, the definitions “federal agency”, “settlement land” and “territorial agency” in subsection 2(1) of this Act are replaced by the following:

  “federal agency”

  « autorité fédérale »

  “federal agency” means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council or an independent regulatory agency.

  “settlement land”

  « terres désignées »

  “settlement land” means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land.

  “territorial agency”

  « autorité territoriale »

  “territorial agency” means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency, a municipal government or a body having jurisdiction with respect to surface rights.

• (3) On the later of the day on which this Act is assented to and the day on which section 1 of the other Act comes into force, the definition “Yukon” in subsection 2(1) of the English version of this Act is repealed.

• (4) On the later of the coming into force of Part 2 of this Act and section 283 of the other Act, paragraph 81(1)(g) of this Act is replaced by the following:

  • (g) a body established by territorial law and having jurisdiction with respect to surface rights, if an access order from that body is required for the project under territorial law;

• (5) On the later of the coming into force of Part 2 of this Act and section 284 of the other Act,

  • (a) paragraph 81(1)(h) of this Act is replaced by the following:

    • (h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and

  • (b) section 86 of this Act is replaced by the following:

    Marginal note:Water licences

    86. A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

    • (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

    • (b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation.

• (6) On the later of the coming into force of Part 2 of this Act and section 40 of the other Act, section 115 of the English version of this Act is replaced by the following:

  Marginal note:Court reference by Board

  115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon.

• (7) If section 283 of the other Act comes into force before section 131 of this Act, section 131 of this Act and the heading before it are repealed.

Coming Into Force

Marginal note:Order of Governor in Council

134. Section 6, Part 2 and sections 124 to 126 and 131 come into force eighteen months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.